Dhanraj Singh v. State of U.P. and Another

Court No. - 3 Case :- WRIT - C No. - 34157 of 2023 Petitioner :- Dhanraj Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Mohd. Samiuzzaman Khan,Abdul Momin Counsel for Respondent :- C.S.C.,Narendra Kumar Tiwari Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1This writ petitioner has been filed against the final assessment order on the ground that the petitioner was not provided the opportunities to oppose the provisional assessment order as is provided under the Uttar Pradesh Electricity Supply Code, 2005. It has been stated that the petitioner was also not given an opportunity of personal hearing after he had submitted his reply on

21.02.2023. From the record it is not clear whether the opportunity of a personal hearing was given to the petitioner.

¶2Learned counsel appearing for the Electricity Department states that if the petitioner appears before the Executive Engineer on

14.12.2023 then a personal hearing shall be given to the petitioner and thereafter order would be passed within a period of two months.

¶3Under such circumstances, the order dated 05.08.2023 is quashed. The petitioner shall now appear before the Executive Engineer on 14.12.2023 alongwith all his records and shall be provided an opportunity of personal hearing. Thereafter, the final assessment order would be passed within a period of two months.

¶4For a period of three months or till the decision is taken on the final assessment order, whichever is earlier, no coercive action shall be taken against the petitioner.

¶5With these observations, the writ petition stands disposed of. Order Date :- 23.11.2023 M.S. Ansari (Shekhar B. Saraf, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad